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Madras High CourtCRL OP(MD)/8314/2019dismissed

Sundar @ Sundaram v. The Inspector Of Police

2019-06-17Honourable Mr Justice P. Rajamanickam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Seventeenth day of June Two Thousand Nineteen PRESENT The Hon`ble Mr.Justice P.RAJAMANICKAM CRL OP(MD) No.8314 of 2019 SUNDAR @ SUNDARAM ... PETITIONER / ACCUSED NO.6 Vs STATE REP. BY THE INSPECTOR OF POLICE, PEW-KARUR, KARUR DISTRICT.

(CRIME NO.1001/2018) ... RESPONDENT / COMPLAINANT For Petitioner : MR.P.SIVACHANDRAN Advocate For Respondent : MR.V.NEELAKANDAN, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offence punishable under Sections 4(1)(aaa), 5 and 6 of Tamil Nadu Prohibition Act, Rectified Spirt Rules 2000 r/w Section 120(B) of IPC, seeks anticipatory bail. 2.Heard both sides.

3.The learned counsel appearing for the petitioner has submitted that the petitioner has already filed Crl.O.P.(MD) No.20917 of 2018 before this Court seeking anticipatory bail and the same was allowed on 18.02.2019 with a direction that the petitioner shall deposit a sum of Rs.25,000/- to the credit of Dean, K.A.P.Viswanatham Government Medical College, Trichy, for giving treatment to the alcohol addicit persons and the petitioner shall report before the respondent police daily at 10.30 a.m until further order. He further submitted that he is not able to comply with the condition. Hence, the petitioner filed the present petition for seeking anticipatory bail.

4.The learned Additional Public Prosecutor appearing for the respondent police has submitted that the petitioner was in illegal possession of 700 liters of illicit spirt. He further submitted that https://hcservices.ecourts.gov.in/hcservices/

the petitioner got anticipatory bail in Crl.O.P.(MD) No.20917 of 2019 before this Court and the same was allowed on 18.02.2019. He further submitted that the petitioner has not complied the condition. Hence, he strongly opposed this petition. 5.Accordingly, already this Court has granted anticipatory bail in Crl.O.P.(MD) No.20917 of 2019 on 18.02.2019 with certain conditions. If he is not able to comply with the said conditions within the stipulated time, he ought to have filed petition to extend the time. Instead of that he cannot file fresh petition. Hence, this Criminal Original Petition is dismissed. sd/- 17/06/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE INSPECTOR OF POLICE, PEW-KARUR, KARUR DISTRICT.

2 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL OP(MD) No.8314 of 2019 Date :17/06/2019 JM/VR/SAR 4/28.06.2019/2P/3C https://hcservices.ecourts.gov.in/hcservices/